If at first you don’t succeed… try another board.
Rebuffed last year by the Morristown council, the Iron Bar is reprising its pitch for rooftop dining, this time before the zoning board and a judge.
Lawyers for Iron Bar owner Jimmy Cavanaugh contend he simply needs a couple of zoning variances from the board, and a reversal of the April 2021 council decision from the state Division of Alcoholic Beverage Control (ABC), to proceed with plans to accommodate 134 patrons above his South Street establishment.
Okay, maybe it’s not quite so simple.
Cavanaugh’s application was scheduled for a Wednesday hearing before the zoning board. But on Tuesday, a report from the town planner raising a host of issues that will require a lengthier session at a future date.
This last-minute development, after the planner had deemed the application complete, is “irksome,” said Iron Bar attorney Steven Schepis. “The planner came up with a monkey wrench. So we’ll deal with that.”
Revised Iron Bar rooftop plan, at Morristown virtual hearing on Iron Bar expansion, March 29, 2021. Screenshot by Kevin Coughlin
Morristown Green reached out to town Planner Phil Abramson for comment on Tuesday and will update this story as warranted.
A restaurant rooftop deck is a “nonpermitted accessory use,” with a heavy burden on the applicant to prove “special reasons” for a variance — or prove “undue hardship” would result without it, according to Abramson’s 11-page report.
Additionally, the Iron Bar should explain how its proposal squares with the town’s 2014 and 2018 zoning master plans. And it should address potential negative impacts–such as lighting and noise–for neighbors, the report asserts.
Noise concerns factored prominently in the council’s 4-1 vote last year to deny Cavanaugh’s request to extend his liquor license, shared by the Iron Bar and his adjoining Revolution beer hall, for rooftop dining.
The council regulates local liquor licenses, and has fielded years of complaints from residents about late-night problems from bar crowds.
Revolution in Morristown. Photo by Kevin Coughlin
An owner of apartments across from the Iron Bar opposed the rooftop plan. Condos at 40 Park and The Metropolitan apartments also face the proposed dining area.
The council subsequently enacted a noise ordinance spelling out infractions and enforcement. The Iron Bar must demonstrate how it intends to comply with that measure, Abramson’s report states.
“That’s like saying we’re not going to give you a car because we think you’re going to speed. If we violate the noise ordinance, they’ll close the place. It’s as simple as that,” said lawyer Robert C. Williams III.
Iron Bar owner Jimmy Cavanaugh, center, and his lawyer, Robert C. Williams III, confer after council decision in 2017. Photo by Kevin Coughlin
Williams filed the Iron Bar’s appeal of the council decision to the state ABC. The division referred the case to the state Office of Administrative Law and a September trial is set, Williams said.
Another point of contention: The Iron Bar’s zoning application mislabeled the venue as a “nightclub/bar” instead of a “liquor licensed restaurant,” according to Abramson.
The distinction may matter in terms of parking: Town zoning requires more spaces for a nightclub (344 in this instance) than for a restaurant (276).
The Iron Bar believes it’s on the hook for 276 spaces, and seeks a waiver of that obligation.
As before, the Iron Bar is stipulating that rooftop dining won’t increase the number of patrons at the Iron Bar and Revolution. A basement serving area would be closed until 11 pm, when the rooftop would shut down.
The Stirling Tavern, pictured in 2020, added an upstairs bar with a small outdoor patio overlooking South Street. Photo by Kevin Coughlin
In August 2020, the council approved a small rooftop dining area as part of a liquor license expansion for the Stirling Tavern, on a less populated stretch of South Street.
Williams said the Iron Bar’s rooftop request was spurred by patrons’ desire for outdoor dining during the pandemic. Unlike some Morristown establishments, the Iron Bar lacked a parking area to convert.
Outdoor dining may be one of COVID’s legacies, statewide, Williams suggested. “People really like the opportunity to be outside when they can,” he said.
The appeal to the state ABC is not the first time Williams and Cavanaugh, a former Essex County freeholder, have crossed swords with Morristown officials.
In court and before the ABC, they repeatedly overturned curfews imposed on Revolution by the council since 2016. Cavanaugh also is suing the mayor and council president, alleging they unfairly hindered his downtown ventures. They have denied the allegations.
Does John Q. Public and the $38k taxed condo owner know where Harding Township is? If yes, it may be time to explore it.
Also it’s always shameful and inexcusable to call people trash!!
You have to feel bad for the guy who pays $38k in taxes and proudly refers to others as human trash. He was obviously swindled when no one told him he was buying a condo above bar/restaurants that are frequented by the wrong kind of people. What an embarrassment for him or anyone who would promote his point of view.
John Q Anderson is not my consultant he was hired by a friend of the mayors. As for the planner he will say anything since the mayor put him in business and he’s made millions from our tax dollars. So your aware there are not 86 police complaints majority almost all were routine Covid inspections, of which none were found to be outside the restrictions. After councilman Armington stated there were 2 many drinking establishments at our hearing he approved the expansion of the office, homestead with a 700 capacity, jr steakhouse and 1776 with an outside patio and roof playing live and recorded music. I’ve been in morristown 42 years and once called the mayor my friend but power corrupts and has in our case. I’ve served my country the state Essex county and have never witnessed what goes on in this town. I know what goes on behind the scenes, the latest is the pot debacle, this is a connected group to the mayor and others. Soon we will be in federal court and it will all surface.
My only comments have been relative to managing the change process. You condemn me as if I have been testifying, however, it wasn’t me who cited the 89 police complaints…it was Morristown attorneys who thought they were relevant. BTW, it’s sourced to this publication. Please see below
read it here, amigo: https://morristowngreen.com/2021/03/29/dueling-decibel-meters-iron-bar-rooftop-plan-goes-before-morristown-council-march-29/
Another quote:
In a handwritten letter, a condo owner who pays $38,000 in local taxes said this stretch of downtown Morristown is overbuilt with bars, restaurants and apartments, and overrun with noise, garbage and “human trash”: “We are entitled to a better quality of life. From Thursday through Sunday, people loiter on South Street and spill into the street, thus interfering with traffic. Their horns constantly honk. We don’t need more of this.”
@ John Q – 89 police reports are irrelevant to this case as there is no current rooftop in operation so any complaints of the public to the police are not related to any rooftop at Iron Bar. Complaints from the public are probably from street level, which can be from any bar along the South street.
One good fact ruins any argument, Connor. Zwerling’s “It depends” is pretty flimsy when the alcohol application hinges on the noise ordinance, which has specifics w/r/t hours and decibel levels. Facts will always prevail. Again, not an expert, just objective and recognize that the change procedure is meaningful for both sides. It would seem that IronBar hasn’t produced any readings (those are the “facts” other than those produced on afternoons in Feb and March 2021 previously) since they are probably damning to the requested change. Much of the support (yours included) seems to come from the consumer-side and the noise concerns come from the neighbors (30 public letters and 89 police reports at last application). It would seem natural to me that the Town needs facts to quell any griping from the 30 letters, at least, without it the Town can rest on their 1st application laurels.
There are noise restrictions in place, there are hours of operation restrictions in place. It is not a rooftop night club. The applicant is entitled to be heard and address any concerns from the public.
Parking in not an issue as there are well over 500 public spaces at the garage on Bank street after 5 pm.
Let the applicant present their proposal.
@ John – my question is why you would think that. Why would the window quality not be a serious point to consider when talking about noise dampening. You are very adamant that that is a poor statement about sound concerns and a bad argument, yet you claim no expertise in the field? And the reason those condos are $1M is because they are right in the middle of the action of the downtown area. No one would buy those or rent those without knowing this and/or wanting to be in the action. Ask yourself why would those condos be 50% less if they were 3 blocks away from the town center. Is it because of the quality of them changing? no. its because they are farther away from the “energy” and restaurants/bars of the downtown – something people pay to live in.
And not to mention, the proposed area is not even being unreasonable at all for open hours, noise ordinances, and capacity limits…..
@ Connor: I claim no expertise, merely objectivity. What I’m saying is that Mr. Zwerling provided a very pedestrian response to real concern of any Iron Bar neighbor. If I just invested $1.4mm and spend $30K a year in taxes, I expect to be afforded some due process and diligent review by the powers-that-be. For instance, an elected official weighing both sides of an application and considering both risks and benefits to a change in status quo. It’s my opinion that Mr. Cavanaugh shouldn’t expect that his application would stand up to the scrutiny of any challenge with that kind of supporting statement by Mr. Zwerling.
If I was a betting person, this will get denied, again. The Mayor & the planner will never support an application by this business owner the way they do other applications. I dont know how people dont see the differential treatment by these crooks running (& ruining) our town. Homestead has capacity for thousands of people…piggy backed on Tashmoo’s liquor license, what!!!??? He isnt even proposing to increase the capacity. Why not let the business owner invest in the project, invest in a business, invest in the Town. If it violates noise ordinances, then shut it down. Its his investment that is on the line. There are other laws & regulations that will will be enforced to keep the project in check.
@ John Q. Public – Why would window quality not play a part in sound dampening ? Of course in your expert opinion, since you so clearly rebuff the credentials of the Eric, the Director of Rutgers Noise Technical Assistance Center.
@ barbara – when o when will you realize the owners and renters who pay such high prices and taxes to live in Morristown LOVE the idea of bars and restaurants and a lively downtown. They pay a premium to be right in front of it and live within it. Its why the town has gotten so popular in the last ten years, starting with Iron Bar being a hit. It is beyond amazing to me how you and others will not see this. Nobody wants a quiet boring downtown area with the same few bars and restaurants that never expand/innovate.
@ Cavanaugh – Morristown Green reported your expert from Rutgers (Eric Zwerling) affirmed that offending noises would depend on window quality and Mr. Andersen, the licensed engineer, didnt take any sounds measurements. I hope you didnt pay for those services. If this gets approved with those two as your experts and no other supporting data/documents, you and the Town can expect to be sued by the well heeled residents of 40 North.
There is a noise ordinance, this is like saying I won’t sell you a car because you may speed. Our expert from Rutgers did have the facts only the mayor and his planner are corrupt. Wake up morristown Dougherty in his attempt to shake us down was rebuffed that’s what these denials are all about. The planner had our application since October isn’t it strange he dictated this is a D1 variance not a D3 in the same zone as the stirling tavern.
There are many reasons to not approve this. Those residents who chose to live in Morristown because of all it offers should not be infringed upon by the obvious result of this plan. Taxes are very high and accepted by those who love this town. Affecting their property values and those of future tax payers have to be considered.
What do they have to prove? I think its a natural expectation of the condo residents that a change in the permitted use would be supported by data or some mitigating factor that doesn’t impose on them. If not, why have any code or ordinance at all. Why should Morristown look out for only Iron Bar’s interests? And vice versa why only for the condo owners? The code/ordinance exists to protect the residents. Iron Bar’s last application included comments by a unqualified engineer that noise would depend on the quality of their windows. Thats ridiculous. Per Zillow, a resident on the 6th floor at 40 North spent $1.4mm on a condo (and has a $30K tax bill) in May 2021. Doesn’t a party who makes that kind of investment and pays that tax bill afforded some due process? I think Homestead and Stirling are apples to oranges comparisons. If Iron Bar considered a pergola structure or something real to recognize they are an imposing neighbor and want to find a solution, I would understand reconsidering the application, but in its current form, I wouldn’t “get my hopes up”. Cavanaugh can cry all he wants, but, as a independent outside viewer, I dont see this as a reasonable request for a change to permitted use.
What do they have to prove? The noise is not going to be anymore than what is at street level, or what is made from the AC units atop these buildings. Certainly not louder than Homestead is with the Metro Lofts right across the street and houses behind it. Look how awesome it is having Homestead be a place where THOUSANDS want to spend their time and money each week. An amazing place where people of all ages spend time and make people drawn into town. Remember the people who wanted to leave in place that mundane, empty building for “historical purposes” instead of building this? Unreal.
Not to mention – these are urban downtown apartments. Patron noise should be expected and a given.
Iron Bar’s arguments were incredibly weak the last time they went before this Board, not sure what has changed. Objectively, lets say the Board approves and they are challenged by all the condo owners to show how the were considered…I dont know what Iron Bar has provided to assure the Board that they won’t impose on the condo owners. Period. I think calling the application weak is being kind. It seems to lack any substance to withstand challenge from the the condo owners who pay a mint in property tax.
There is no reason not to approve this. If they need to put reasonable time constraints on the area due to noise on weeknights for the apartments next door, fine. To nix it entirely again would be extremely silly.
Expect more discriminatory treatment by the town toward this business owner. He should be subject to the same requirements as the Stirling Tavern was and the noise ordinance should be equally evaluated and enforced regardless of the address on South St. Last time, the condo residents complained about the noise from forks and knives clanging on plates. Wonder what they will come up with this time?